100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5315

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-204.1  from Ch. 95 1/2, par. 11-204.1

    Amends the Illinois Vehicle Code. Provides that it is aggravated fleeing or attempting to eluding a peace officer if the person causes death to another individual as a result of the fleeing or attempted eluding. If death is caused to a person other than a peace officer or first responder, the penalty is a Class 2 felony and if death is caused to a peace officer or first responder, the penalty is a Class 1 felony.


LRB100 16877 RLC 32018 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5315LRB100 16877 RLC 32018 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-204.1 as follows:
 
6    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
7    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
8peace officer.
9    (a) The offense of aggravated fleeing or attempting to
10elude a peace officer is committed by any driver or operator of
11a motor vehicle who flees or attempts to elude a peace officer,
12after being given a visual or audible signal by a peace officer
13in the manner prescribed in subsection (a) of Section 11-204 of
14this Code, and such flight or attempt to elude:
15        (1) is at a rate of speed at least 21 miles per hour
16    over the legal speed limit;
17        (2) causes bodily injury to any individual;
18        (2.1) causes death to a person other than a peace
19    officer or first responder;
20        (2.2) causes death to a peace officer or first
21    responder;
22        (3) causes damage in excess of $300 to property;
23        (4) involves disobedience of 2 or more official traffic

 

 

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1    control devices; or
2        (5) involves the concealing or altering of the
3    vehicle's registration plate.
4    (b) Any person convicted of a first violation of paragraph
5(1), (2), (3), (4), or (5) of subsection (a) of this Section
6shall be guilty of a Class 4 felony. Upon notice of such a
7conviction the Secretary of State shall forthwith revoke the
8driver's license of the person so convicted, as provided in
9Section 6-205 of this Code. Any person convicted of a second or
10subsequent violation of paragraph (1), (2), (3), (4), or (5) of
11subsection (a) of this Section shall be guilty of a Class 3
12felony, and upon notice of such a conviction the Secretary of
13State shall forthwith revoke the driver's license of the person
14convicted, as provided in Section 6-205 of the Code. Any person
15convicted of a violation of paragraph (2.1) of subsection (a)
16of this Section is guilty of a Class 2 felony. Any person
17convicted of a violation of paragraph (2.2) of subsection (a)
18of this Section is guilty of a Class 1 felony.
19    (c) The motor vehicle used in a violation of this Section
20is subject to seizure and forfeiture as provided in Sections
2136-1 and 36-2 of the Criminal Code of 2012.
22(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13;
2397-1150, eff. 1-25-13.)